Webb v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at June Term, 1914, of ObaNge. This is an action against tbe defendant to recover damages for delay in delivering a telegram, alleged to bave been caused by its negligence. Plaintiff on 8 July, 1911, filed witb defendant’s operator at Morebead City, N. C., a message addressed to William Eaucette, a backman at Hillsboro, N. 0., and of wbicb tbe following is a copy: “Leaving More-bead tbis evening; meet me tonight sure.”
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Appeal by defendant from Lyon, J., at June Term, 1914, of ObaNge. This is an action against tbe defendant to recover damages for delay in delivering a telegram, alleged to bave been caused by its negligence. Plaintiff on 8 July, 1911, filed witb defendant’s operator at Morebead City, N. C., a message addressed to William Eaucette, a backman at Hillsboro, N. 0., and of wbicb tbe following is a copy: “Leaving More-bead tbis evening; meet me tonight sure.” He informed tbe operator at Morebead City that “be must be sure to get it off at once, as be, tbe plaintiff, would arrive in Hillsboro very…
1Opinion of the Court
Walkee, J.,
after stating the case: The jury having decided the second issue according to the defendant’s prayer for instruction in regard to it, its exception as to the issue became immaterial; and those which relate to the first issue are unimportant, as it was not denied that there was delay in delivering the message, and this constituted a prima facie case of negligence (Sherrill v. Tel. Co., 116 N. C., 655; Ellison v. Tel. Co., 163 N. C., 5) ; and, besides, the negligence is apparent from the uncontroverted facts; so that we dismiss those exceptions with this brief comment, and proceed to…
2Cases cited25 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- St. Louis & San Francisco Railway Co. v. GillSupreme Court of the United States · 1895
- Daniel v. RailroadSupreme Court of North Carolina · 1904
- Minneapolis & St. Louis Railroad v. MinnesotaSupreme Court of the United States · 1902
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